[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 981 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 981

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to improve the Gulf of Mexico Red Snapper fishery by providing 
 flexibility for fishing managers and stability for fisherman, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2015

   Mr. Byrne (for himself, Mr. Rogers of Alabama, Mrs. Roby, and Mr. 
   Palmer) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to improve the Gulf of Mexico Red Snapper fishery by providing 
 flexibility for fishing managers and stability for fisherman, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Red Snapper Regulatory Reform Act''.

SEC. 2. REPEAL OF CATCH LIMITS REQUIREMENT FOR GULF OF MEXICO RED 
              SNAPPER FISHERY.

    Subsection (d) of section 407 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1883) is repealed.

SEC. 3. STATE JURISDICTION OVER FISHERIES IN THE GULF OF MEXICO.

    Section 306(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1856(b)) is amended by adding at the end the 
following:
    ``(3) Notwithstanding section 3(11) and subsection (a) of this 
section, for purposes of managing fisheries in the Gulf of Mexico, the 
seaward boundary of a coastal State in the Gulf of Mexico is a line 9 
nautical miles seaward from the baseline from which the territorial sea 
of the United States is measured.''.

SEC. 4. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
              MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

    (a) In General.--Title IV of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1884) is amended by adding 
at the end the following:

``SEC. 409. STOCK ASSESSMENTS USED FOR FISHERIES MANAGED UNDER GULF OF 
              MEXICO COUNCIL'S REEF FISH MANAGEMENT PLAN.

    ``(a) In General.--The Gulf States Marine Fisheries Commission 
shall conduct all fishery stock assessments used for management 
purposes by the Gulf of Mexico Fishery Management Council for the 
fisheries managed under the Council's Reef Fish Management Plan.
    ``(b) Use of Other Information and Assets.--
            ``(1) In general.--Such fishery assessments shall--
                    ``(A) incorporate fisheries survey information 
                collected by university researchers; and
                    ``(B) to the extent practicable, use State, 
                university, and private assets to conduct fisheries 
                surveys.
            ``(2) Surveys at artificial reefs.--Any such fishery stock 
        assessment conducted after the date of the enactment of the 
        Strengthening Fishing Communities and Increasing Flexibility in 
        Fisheries Management Act shall incorporate fishery surveys 
        conducted, and other relevant fisheries information collected, 
        on and around natural and artificial reefs.
    ``(c) Constituent and Stakeholder Participation.--Each such fishery 
assessment shall--
            ``(1) emphasize constituent and stakeholder participation 
        in the development of the assessment;
            ``(2) contain all of the raw data used in the assessment 
        and a description of the methods used to collect that data; and
            ``(3) employ an assessment process that is transparent and 
        includes--
                    ``(A) both dependent and independent data 
                collection methods;
                    ``(B) a rigorous and independent scientific review 
                of the completed fishery stock assessment; and
                    ``(C) a panel of independent experts to review the 
                data and assessment and make recommendations on the 
                most appropriate values of critical population and 
                management quantities.
    ``(d) Funding.--
            ``(1) In general.--The Secretary, subject to the 
        availability of appropriations, shall provide to the Gulf of 
        Mexico Marine Fisheries Commission appropriate funding for all 
        necessary stock assessments concerning the Gulf of Mexico red 
        snapper fishery.
            ``(2) No additional appropriations authorized.--This 
        subsection shall not be construed to increase the amount that 
        is authorized to be appropriated for any fiscal year.''.

SEC. 5. DATA COLLECTION.

    Section 401(g)(3)(C) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1881(g)(3)(G)) is amended by striking 
``and'' after the semicolon at the end of clause (iv), by striking the 
period at the end of clause (v) and inserting ``; and'', and by adding 
at the end the following:
                            ``(vi) in the case of each fishery in the 
                        Gulf of Mexico, taking into consideration all 
                        data collection activities related to fishery 
                        effort that are undertaken by the marine 
                        resources division of each relevant State of 
                        the Gulf of Mexico Fishery Management 
                        Council.''.

SEC. 6. MEMBERSHIP OF GULF OF MEXICO FISHERY MANAGEMENT COUNCIL.

    Section 302 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852) is amended--
            (1) in subsection (a)(1), by striking subparagraph (E) and 
        inserting the following:
                    ``(E) Gulf of mexico council.--
                            ``(i) The Gulf of Mexico Fishery Management 
                        Council shall consist of the States of Texas, 
                        Louisiana, Mississippi, Alabama, and Florida 
                        and shall have authority over the fisheries in 
                        the Gulf of Mexico seaward of such States 
                        (except as provided in paragraph (3)). The Gulf 
                        Council shall have 16 voting members, 
                        including--
                                    ``(I) 2 members appointed by the 
                                Governor of each such State in 
                                accordance with the requirements that 
                                apply under subsection (b)(2) with 
                                respect to appointments by the 
                                Secretary;
                                    ``(II) the principal State official 
                                of each such State with marine fishery 
                                management responsibility and expertise 
                                in such State;
                                    ``(III) the regional director of 
                                the National Marine Fisheries Service 
                                for the Gulf of Mexico geographic area, 
                                or the regional director's designee; 
                                and
                                    ``(IV) 1 at-large member who shall 
                                be appointed, on a rotating basis, by 
                                the Governor of a State on the Council, 
                                except that no governor may make 
                                consecutive appointments under this 
                                subclause.
                            ``(ii) Except as provided in clauses (iii), 
                        (iv), (v), and (vi), a governor shall make 
                        appointments under this subparagraph in 
                        accordance with the requirements that apply 
                        under subparagraph (C) of this paragraph, 
                        paragraphs (2) and (3) of this subsection, and 
                        subsection (b) with respect to appointments by 
                        the Secretary.
                            ``(iii) The following provisions of 
                        subsection (b)(2) shall not apply with respect 
                        to appointments under this subparagraph:
                                    ``(I) The last sentence of 
                                subparagraph (A).
                                    ``(II) Subparagraphs (C) and (E), 
                                but a governor may not appoint an 
                                individual who would not be eligible to 
                                be included in a list submitted to the 
                                Secretary under those subparagraphs.
                            ``(iv)(I) In making appointments under this 
                        subparagraph, each Governor must consider--
                                    ``(aa) at least 1 nominee each from 
                                the commercial, recreational, and 
                                charter fishing sectors; and
                                    ``(bb) at least 1 other individual 
                                who is knowledgeable regarding the 
                                conservation and management of 
                                fisheries resources in the jurisdiction 
                                of the Gulf of Mexico Fishery 
                                Management Council.
                            ``(II) For purposes of clause (i) an 
                        individual who owns or operates a fish farm 
                        outside of the United States shall not be 
                        considered to be a representative of the 
                        commercial or recreational fishing sector.
                            ``(v) A governor shall notify the Secretary 
                        before making each appointment under this 
                        subparagraph. The Secretary shall publish 
                        notice of such appointment by not later than 45 
                        days before the first day on which the 
                        appointee takes office as a member of the 
                        Council.
                            ``(vi) Subsection (b)(3) shall be applied 
                        with respect to the Gulf of Mexico Fishery 
                        Management Council by substituting `a Governor 
                        in accordance with subsection (a)(1)(E)' for 
                        `the Secretary in accordance with paragraphs 
                        (2) and (5)'.''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (B)(iii), by inserting ``(other 
                than the Gulf of Mexico Fishery Management Council)'' 
                after ``each Council''; and
                    (B) in subparagraph (C), in the first sentence, by 
                inserting ``(other than the Gulf of Mexico Fishery 
                Management Council)'' after ``each Council''.
                                 <all>